Patents are regularly used unlawfully. In order to ensure that these disputes are settled quickly, the EU Court of Justice has issued guidelines that patent holders and patent breakers must adhere to. We interviewed Dr Claudia Tapia, Director IPR Policy & Legal Academic Research at Ericsson GmbH, on this topic at the last IP Service World.
A patent has been attacked
The patent holder has the obligation to report the infringement immediately. Furthermore, he must make a so-called FRAND offer. FRAND stands for Fair, Reasonable and Non-Discriminatory. This means that a good face must be turned into a bad face: …a serious offer must be made.
Describe the affected part in detail
The patent holder must specify exactly which patent (including the patent number) has been infringed, as well as the part of the patent around which the infringement is committed and its use.
How quickly do you get a FRAND license?
The more detailed the offer is, the faster the opponent must react. The EU Court of Justice does not specify a fixed time frame. But it is not advisable to delay reporting the infringement and reacting to the offer. Haste is required.
Watch the full interview with Dr Claudia Tapia: